- 1 - NC: 2025:KHC:13868 MFA No. 1481 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.1481 OF 2018 (CPC) BETWEEN: PARVATHAMMA AGED ABOUT 59 YEARS, W/O MUTHAPPA, R/AT KUMBALAGODU VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT – 560 038. …APPELLANT (BY SRI. MANOHAR N, ADVOCATE) AND: 1. MUNIYAMMA AGED ABOUT 69 YEARS, W/O VASANTHAIAH, R/AT K.CHOODAHALLI, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT – 560 038 . 2. KRISHNAPPA AGED ABOUT 69 YEARS, S/O GUNDAMMA & NARASAPPA, R/AT K.CHOODAHALLI, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK & DISTRICT – 560 038. 3. KUSHALAPPA AGED ABOUT 51 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13868 MFA No. 1481 of 2018 S/O LATE GUNDAMMA & NARASAPPA, R/AT K. CHOODAHALLI, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK & DISTRICT – 560 038. …RESPONDENTS (BY SRI. N.R. NAIK & ASSOCIATES ADVOCATE FOR R1; SRI. JAGADEESHACHARI, ADVOCATE FOR R2; V/O DATED 07.08.2018, NOTICE TO R3 IS HELD SUFFICIENT) THIS MFA IS FILED U/O 43 RULE 1 (r) R/W SEC.104 OF CPC, AGAINST THE ORDER DT.30.05.2017 PASSED ON I.A.NO.1 IN O.S.NO.1129/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BENGALURU, DISMISSING I.A. NO.1 FILED U/O 39 RULE 1 & 2 OF CPC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The plaintiff has filed the appeal questioning the order passed on I.A.Nos.1 and 2 filed under Oder XXXIX Rules 1 and 2 of CPC restraining the defendant from enforcing the judgment and decree passed in OS.No.946/1990 were dismissed. 2. This Court on 07.08.2018 has granted interim order that, pending consideration of the appeal, there - 3 - NC: 2025:KHC:13868 MFA No. 1481 of 2018 would be an interim order to stay further proceedings in FDP.No.3/2007, which is still in force as on today. 3. The present suit in OS.No.1129/2012 is filed on 24.08.2012. The Court opined that continuing the operation and continuation of further proceedings in FDP.No.3/2007, if the direction is issued to the trial Court to dispose of the suit in OS.No.1129/2012 as expeditiously as possible, would suffice in the appeal considering the fact that the suit is pending for more than 13 years. 4. Therefore, considering the fact that the suit is pending for more than 13 years as observed above, a direction is issued to the trial Court to dispose of the suit within a period of 1½ years from the date of receipt of copy of this order. Till then, the interim order granted by this Court on 07.08.2018 as stated above shall continue. 5. Both the parties shall co-operate to the trial Court for early disposal. - 4 - NC: 2025:KHC:13868 MFA No. 1481 of 2018 6. In case, if any of the parties in the suit seeks unnecessary adjournment without any reasons, liberty is given to the trial Court to impose cost. 7. With the above direction, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PB List No.: 1 Sl No.: 58